High Court Grant Service of writ via Facebook

The High Court, Accra, has granted an application for substituted service of Writ via Facebook.

The High Court judge, Justice Sophia Bernasko-Essah in her order directed that the documents should be brought to the attention of the Defendant “By sending a copy of the writ of summons together with the statement of claim as a private message to the official verified Facebook account of the 1st Defendant where it will be deemed to have been delivered, after an electronic indication that it has been read.”

Lawyers for IFS Financial Services Limited (IFS) argued that since the aim of substituted service is to notify a Defendant of a suit against him, if it is established that the Defendant has a verified Facebook account, then it is right to notify him of the suit through Facebook.

It was also argued on behalf of IFS that since the Electronic Transactions Act entreats the courts to accept electronic data, the service of the process and the generation of a confirmation of receipt of the processes are admissible as proof of service of the writ.

Service of court processes through social media and messaging apps in Ghana is gradually gaining ground. In 2015, a High Court in the case of Kwabena Ofori Addo v Hidalgo Energy and Julian Gyimah approved an application for substituted service by WhatsApp, a free mobile instant messaging application.

In 2015, a High Court in the case of Kwabena Ofori Addo v Hidalgo Energy and Julian Gyimah approved an application for substituted service by WhatsApp, a free mobile instant messaging application.

 

primenewsghana.com/Ghana News

 

Credit: Ghana Law Hub